28756 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 

under test, an alternate procedure may 

be used provided prior Commission 

approval is obtained. 

(e) * * * 

(4) The reference level for showing 

compliance with the emission mask 

shall be established using a resolution 

bandwidth sufficiently wide (usually 

two or three times the channel 

bandwidth) to capture the true peak 

emission of the equipment under test. In 

order to show compliance with the 

emission mask up to and including 50 

kHz removed from the edge of the 

authorized bandwidth, adjust the 

resolution bandwidth to 100 Hz with 

the measuring instrument in a peak hold 

mode. A sufficient number of sweeps 

must be measured to insure that the 

emission profile is developed. If video 

filtering is used, its bandwidth must not 

be less than the instrument resolution 

bandwidth. For emissions beyond 50 

kHz from the edge of the authorized 

bandwidth, see paragraph (o) of this 

section. If it can be shown that use of 

the above instrumentation settings do 

not accurately represent the true 

interference potential of the equipment 

under test, an alternate procedure may 

be used provided prior Commission 

approval is obtained. 

* * * * * 

■ 5. Section 90.238 is amended by 

revising paragraph (e) to read as follows: 

§ 90.238 Telemetry operations. 

* * * * * 

(e) In the 450–470 MHz band, 

telemetry operations will be authorized 

on a secondary basis with a transmitter 

output power not to exceed 2 watts on 

frequencies subject to § 90.20(d)(27) or 

§ 90.35(c)(30), except that telemetry 

operations used by Railroad licensees 

may be authorized on frequency pair 

452/457.9375 MHz with a transmitter 

output power not to exceed 8 watts. 

* * * * * 

■ 6. Section 90.425 is amended by 

revising paragraph (e)(3) and adding 

paragraph (f) to read as follows: 

§ 90.425 Station identification. 

* * * * * 

(e) * * * 

(3) CMRS stations granted exclusive 

channels may transmit their call signs 

digitally. A licensee that identifies its 

call sign in this manner must provide 

the Commission, upon request, 

information sufficient to decode the 

digital transmission and ascertain the 

call sign transmitted. 

(f) Special provisions for stations 

licensed under this part that are not 

classified as CMRS providers under part 

20 of this chapter. 

(1) Stations subject to a station 

identification requirement will be 

permitted to use a single call sign for 

commonly owned facilities that are 

operated as part of a single system. 

(2) Stations licensed on an exclusive 

basis in the bands between 150 and 512 

MHz that normally employ digital 

signals for the transmission of data, text, 

control codes, or digitized voice may be 

identified by digital transmission of the 

call sign. A licensee that identifies its 

call sign in this manner must provide 

the Commission, upon request, 

information sufficient to decode the 

digital transmission and ascertain the 

call sign transmitted. 

■ 7. Section 90.631 is amended by 

revising paragraph (d) to read as 

follows: 

§ 90.631 Trunked systems loading, 

construction and authorization 

requirements. 

* * * * * 

(d) In rural areas, a licensee of a 

trunked system may request to increase 

its system capacity by five more 

channels than it has constructed 

without meeting the loading 

requirements specified in paragraphs (b) 

and (c) of this section. A rural area is 

defined for purposes of this section as 

being beyond a 100-mile radius of the 

following designated centers of the 

following urban areas: New York, NY; 

Los Angeles, CA; Chicago, IL; 

Philadelphia, PA; San Francisco, CA; 

Detroit, MI; Boston, MA; Houston, TX; 

Washington, DC; Dallas-Fort Worth, TX; 

Miami, FL; Cleveland, OH; St. Louis, 

MO; Atlanta, GA; Pittsburgh, PA; 

Baltimore, MD; Minneapolis-St. Paul, 

MN; Seattle, WA; San Diego, CA; and 

Tampa-St.Petersburg, FL. The 

coordinates for the centers of these areas 

are those referenced in § 90.741, except 

that the coordinates (referenced to North 

American Datum 1983 (NAD83)) for 

Tampa-St. Petersburg are latitude 

28°00′1.1′′ N, longitude 82°26′59.3′′ W. 

* * * * * 

[FR Doc. 2013–11581 Filed 5–15–13; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 209, 217, 252, and 

Appendix F to Chapter 2 

RIN 0750–AH87 

Defense Federal Acquisition 

Regulation Supplement: System for 

Award Management Name Changes, 

Phase 1 Implementation (DFARS Case 

2012–D053) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to reflect the joining of the 

Central Contractor Registration (CCR), 

Online Representations and 

Certification Application (ORCA), and 

Excluded Parties Listing System (EPLS) 

databases into the System for Award 

Management (SAM) database. 

DATES: Effective Date: May 16, 2013. 

FOR FURTHER INFORMATION CONTACT: Lee 

Renna, telephone 571–372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The E-Government Act of 2002 (Pub. 

L. 107–347, 44 U.S.C. 101) was enacted 

in an effort to improve the management 

and promotion of electronic 

Government services and processes. The 

Act established a framework of 

measures that require using Internetbased information technology to 

improve citizen access to Government 

information and services. The General 

Services Administration (GSA) has 

embraced the intent of the Act by 

consolidating the Government-wide 

acquisition and award support systems 

into SAM. SAM is a procurement 

system that streamlines the Federal 

acquisition business processes by acting 

as a single authoritative data source for 

vendor, contract award, and reporting 

information, thereby eliminating the 

need to enter multiple sites and perform 

duplicative data entry. SAM 

consolidates hosting to improve the 

efficiency of doing business with the 

Government. 

The General Services Administration 

(GSA) began implementation of Phase 1 

of SAM on July 29, 2012. Phase 1 

combined the functional capabilities of 

the CCR, ORCA, and EPLS procurement 

systems into the SAM database. Upon 

implementation, the pre-existing 


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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28757 

procurement systems were retired, and 

all requirements for entity registration, 

representations and certifications, and 

exclusions are now accomplished via 

SAM. This final rule amends DFARS 

subparts 204, 209, 217, 252, and 

Appendix F by updating references and 

names to conform to the SAM 

designation. This final rule also makes 

a number of minor additional 

conforming changes, such as updates to 

definitions. A Federal Acquisition 

Regulation (FAR) case, 2012–033, is also 

being processed to effect similar 

conforming updates. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

Publication of proposed regulations, 

41 U.S.C. 1707, is the statute which 

applies to the publication of the Federal 

Acquisition Regulation. Paragraph (a)(1) 

of the statute requires that a 

procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it only serves to ensure that the 

procurement systems that are referenced 

in the DFARS reflect those that are 

currently being utilized by the 

acquisition workforce in the 

performance of those functions relating 

to entity registration, representations 

and certifications, and exclusions. 

Therefore, this rule has no significant 

effect beyond the internal operating 

procedures of the Government, nor does 

the rule create a significant cost or 

administrative impact on contractors or 

offerors. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 and 

does not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 204, 

209, 217, 252, and Appendix F 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD amends 48 CRF parts 

204, 209, 217, and 252 as follows: 

■ 1. The authority citation for parts 204, 

209, 217, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

Chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Revise section 204.203 to read as 

follows: 

204.203 Taxpayer identification 

information. 

(b) The procedure at FAR 4.203(b) 

does not apply to contracts that include 

the provision at FAR 52.204–7, System 

for Award Management. The payment 

office obtains the taxpayer identification 

number and the type of organization 

from the System for Award Management 

database. 

■ 3. Revise the subpart heading of 

subpart 204.11 to read as follows: 

Subpart 204.11—System For Award 

Management 

■ 4. Amend section 204.1103 by— 

■ a. Adding introductory text; 

■ b. In paragraph (1), removing ‘‘Central 

Contractor Registration (CCR)’’ and 

adding the word ‘‘(SAM)’’ in its place; 

and 

■ c. In paragraphs (2)(i), (3), and (4), 

removing the word ‘‘CCR’’ and adding 

the word ‘‘SAM’’ in its place. 

The added text reads as follows: 

204.1103 Procedures. 

See PGI 204.1103 for helpful 

information on navigation and data 

entry in the System for Award 

Management (SAM) database. 

* * * * * 

■ 5. Revise section 204.1105 to read as 

follows: 

204.1105 Solicitation provision and 

contract clauses. 

When using the clause at FAR 

52.204–7, System for Award 

Management, use the clause with 

252.204–7004, Alternate A, System for 

Award Management. 

■ 6. Amend section 204.7202–1 by— 

■ a. Revising paragraph (b)(1); and 

■ b. In paragraph (b)(2) introductory 

text, removing the word ‘‘CCR’’ and 

adding the word ‘‘SAM’’ in its place. 

The revised text reads as follows: 

204.7202–1 CAGE codes. 

* * * * * 

(b)(1) If a prospective contractor 

located in the United States must 

register in the System for Award 

Management (SAM) database (see FAR 

subpart 4.11) and does not have a CAGE 

code, DLA Logistics Information Service 

will assign a CAGE code when the 

prospective contractor submits its 

request for registration in the SAM 

database. Foreign registrants must 

obtain a North Atlantic Treaty 

Organization CAGE (NCAGE) code in 

order to register in the SAM database. 

NCAGE codes may be obtained from the 

Codification Bureau in the foreign 

registrant’s country. Additional 

information on obtaining NCAGE codes 

is available at http://www.dlis.dla.mil/ 

Forms/Form_AC135.asp. 

* * * * * 

204.7207 [Amended] 

■ 7. Amend section 204.7207, in 

paragraph (a), by removing ‘‘Central 

Contractor Registration’’ and adding 

‘‘System for Award Management’’ in its 

place. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.105–1 [Amended] 

■ 8. Amend section 209.105–1, in 

paragraph (1), by removing ‘‘Excluded 

Parties List System’’ and adding 

‘‘System for Award Management 

Exclusions’’ in its place. 

PART 217—SPECIAL CONTRACTING 

METHODS 

217.207 [Amended] 

■ 9. Amend section 217.207, in 

paragraph (c), by removing ‘‘Central 


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28758 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 

Contractor Registration’’ and adding 

‘‘System for Award Management’’ in its 

place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 10. Revise section 252.204–7004 to 

read as follows: 

252.204–7004 Alternate A, System for 

Award Management. 

ALTERNATE A, SYSTEM FOR AWARD 

MANAGEMENT (DATE) 

As prescribed in 204.1105, substitute the 

following paragraph (a) for paragraph (a) of 

the provision at FAR 52.204–7: 

(a) Definitions. As used in this clause— 

‘‘System for Award Management (SAM) 

database’’ means the primary Government 

repository for contractor information 

required for the conduct of business with the 

Government. 

‘‘Commercial and Government Entity 

(CAGE) code’’ means— 

(1) A code assigned by the Defense 

Logistics Information Service (DLIS) to 

identify a commercial or Government entity; 

or 

(2) A code assigned by a member of the 

North Atlantic Treaty Organization that DLIS 

records and maintains in the CAGE master 

file. This type of code is known as an 

‘‘NCAGE code.’’ 

‘‘Data Universal Numbering System 

(DUNS) number’’ means the 9-digit number 

assigned by Dun and Bradstreet, Inc. (D&B) 

to identify unique business entities. 

‘‘Data Universal Numbering System +4 

(DUNS+4) number’’ means the DUNS 

number assigned by D&B plus a 4-character 

suffix that may be assigned by a business 

concern. (D&B has no affiliation with this 4- 

character suffix.) This 4-character suffix may 

be assigned at the discretion of the business 

concern to establish additional SAM records 

for identifying alternative Electronic Funds 

Transfer (EFT) accounts (see FAR 32.11) for 

the same parent concern. 

‘‘Registered in the System for Award 

Management (SAM) database’’ means that— 

(1) The contractor has entered all 

mandatory information, including the DUNS 

number or the DUNS+4 number, and 

Contractor and Government Entity (CAGE) 

code into the SAM database; 

(2) The contractor has completed the Core 

Data, Assertions, Representations and 

Certifications, and Points of Contact sections 

of the registration in the SAM database; 

(3) The Government has validated all 

mandatory data fields, to include validation 

of the Taxpayer Identification Number (TIN) 

with the Internal Revenue Service (IRS). The 

Contractor will be required to provide 

consent for TIN validation to the Government 

as part of the SAM registration process; and 

(4) The Government has marked the record 

‘‘Active.’’ 

■ 11. Amend section 252.204–7007 by— 

■ a. Removing the clause date ‘‘(JUL 

2012)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. In paragraph (d)(1) introductory 

text, removing the word ‘‘ORCA’’ and 

adding ‘‘the System for Award 

Management (SAM) database’’ in its 

place; 

■ c. In paragraph (d)(2) introductory 

text, removing the word ‘‘ORCA’’ and 

adding the word ‘‘SAM’’ on its place; 

■ d. In paragraph (e), removing ‘‘Online 

Representations and Certifications 

Application (ORCA)’’ and adding the 

word ‘‘SAM’’ in its place; and 

■ e. Revising last sentence of paragraph 

(e). 

The revised text reads as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

Any changes provided by the offeror 

are applicable to this solicitation only, 

and do not result in an update to the 

representations and certifications 

located in the SAM database. 

* * * * * 

252.232–7006 [Amended] 

■ 12. Amend section 252.232–7006 by— 

■ a. Removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. In paragraph (c)(1), removing 

‘‘Central Contractor Registration’’ and 

adding ‘‘System for Award 

Management’’ in its place. 

■ 13. Amend section 252.232–7011 by— 

■ a. Removing the clause date ‘‘(JUL 

2010)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. Revising paragraph (c)(2)(ix)(B) to 

read as follows: 

252.232–7011 Payments in Support of 

Emergencies and Contingency Operations. 

* * * * * 

(c) * * * 

(2) * * * 

(ix) * * * 

(B) If electronic funds transfer 

banking information is not required to 

be on the invoice, in order for the 

invoice to be a proper invoice, the 

Contractor shall have submitted correct 

electronic funds transfer banking 

information in accordance with the 

applicable solicitation provision (e.g., 

FAR 52.232–38, Submission of 

Electronic Funds Transfer Information 

with Offer), contract clause (e.g., FAR 

52.232–33, Payment by Electronic 

Funds Transfer—System for Award 

Management, or FAR 52.232–34, 

Payment by Electronic Funds Transfer— 

Other Than System for Award 

Management), or applicable agency 

procedures. 

* * * * * 

252.245–7004 [Amended] 

■ 14. Amend section 252.245–7004 by— 

■ a. Removing the clause date ‘‘(APR 

2012)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. In paragraph (a)(3)(i), removing 

‘‘Excluded Parties Listing (EPLS) 

(https://www.epls.gov/)’’ and adding 

‘‘System for Award Management 

Exclusions located at https:// 

www.acquisition.gov’’ in its place. 

APPENDIX F TO CHAPTER 2— 

[AMENDED] 

■ 15. In appendix F to chapter 2, amend 

section F–301 by— 

■ a. In paragraph (a)(3)(iii), removing 

‘‘CCR (Central Contractor Registration)’’ 

and adding ‘‘System for Award 

Management (SAM)’’ in its place; and 

■ b. In paragraph (a)(4), removing the 

word ‘‘CCR’’ and adding the word 

‘‘SAM’’ in its place. 

[FR Doc. 2013–11398 Filed 5–15–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 121101598–3455–02] 

RIN 0648–XC334 

Atlantic Highly Migratory Species; 

North and South Atlantic 2013 

Commercial Swordfish Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule adjusts the 

2013 fishing season quotas for North 

and South Atlantic swordfish based 

upon 2012 commercial quota 

underharvests and international quota 

transfers consistent with the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

Recommendations 11–02 and 12–01. 

This final rule will affect commercial 

and recreational fishing for swordfish in 

the Atlantic Ocean, including the 

Caribbean Sea and Gulf of Mexico. This 

action implements ICCAT 

recommendations, consistent with the 

Atlantic Tunas Convention Act (ATCA), 

and furthers domestic management 

objectives under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Effective from June 15, 2013 

through December 31, 2013. 

ADDRESSES: Copies of the supporting 

documents—including the 2012 


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